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31 May 2018
Waterloo Man Sentenced to Prison for Illegally Possessing a Gun with a Large Capacity MagazineRead the Press Release
A Waterloo man who possessed a loaded Springfield XD pistol with a sixteen round magazine was sentenced May 30, 2018, to more than five years in federal prison.
Durius Antwan Davis, age 26, from Waterloo, Iowa, received the prison term after a November 13, 2017, guilty plea to possession of a firearm by a felon. At the guilty plea, Davis admitted that he possessed the loaded Springfield XD pistol in January 2017. Davis had previously been convicted of willful injury causing serious injury in 2010 and robbery in 2011. The willful injury conviction stemmed from an incident where Davis shot another man in the abdomen multiple times.
Davis was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Davis was sentenced to 63 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Davis is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Ravi T. Narayan and Emily K. Nydle and were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-2049.
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Waterbury Man Pleads Guilty to Federal Child Exploitation OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that HARRY BRIGHT, also known as “Buddy Bright,” 78, of Waterbury, waived his right to be indicted and pleaded guilty today in Hartford federal court to one count of distribution of obscene matter to a minor.
According to court documents and statements made in court, in November 2017, the National Center for Missing and Exploited Children (NCMEC) contacted Homeland Security Investigations (HSI) to report that NCMEC had been notified by Facebook’s Trust and Safety team that BRIGHT was enticing a 15-year-old female through Facebook instant messaging to engage in sexual activity, and was planning on traveling to the Philippines on December 4, 2017, to meet the minor victim. The investigation revealed that BRIGHT started communicating with the minor victim in late August 2017, sent her sexually explicit messages and requested that she send him nude photographs of herself. In September 2017, BRIGHT sent the minor victim nude pictures of himself.
The investigation further revealed that BRIGHT had engaged in sexually explicit conversations with at least two other 15-year-old females in the Philippines through Facebook, and that he sent one of those minor victims a nude picture of himself.
BRIGHT was arrested on a federal criminal complaint on December 4, 2017.
BRIGHT is scheduled to be sentenced by U.S. District Judge Michael P. Shea on September 11, 2018, at which time he faces a maximum term of imprisonment of 10 years. He is released on a $75,000 bond pending sentencing.
This matter is being investigated by Homeland Security Investigations and is be being prosecuted by Assistant U.S. Attorney Jacabed Rodriguez-Coss.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
United States Attorney William M. McSwain Names Final Two Members of his Executive Management TeamRead the Press Release
Alison Kehner, who once clerked alongside U.S. Attorney McSwain for the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit, has joined the Office as Counsel to the U.S. Attorney. Kehner will report directly to the U.S. Attorney and will lead the Office’s effort to disseminate written material to the media and public. Kehner will also advise U.S. Attorney McSwain in a variety of areas and will be doing criminal case work.
“I am privileged to join the ranks of the dedicated and talented public servants in the U.S. Attorney’s Office for the Eastern District of Pennsylvania,” said Kehner. “The threats to our community are many, and I share U.S. Attorney McSwain’s commitment to always seeking justice for the people of the Eastern District.”
Most recently, Kehner was a senior lecturer in legal practice skills at the University of Pennsylvania. Prior to that, she was an assistant professor of legal methods at Widener University. Kehner has also served as a litigation associate at Dechert LLP. Prior to her clerkship for Judge Rendell, she clerked for the Honorable Morton I. Greenberg of the U.S. Court of Appeals for the Third Circuit, and for the Honorable Mary Cooper of the District of New Jersey. She graduated first in her class from Villanova University School of Law and received her undergraduate degree from the University of Delaware.
U.S. Attorney McSwain has also welcomed Clare Pozos back to the Office. Pozos, who has previously served as an Assistant U.S. Attorney in both Philadelphia and Washington D.C., will now serve as Senior Advisor to the U.S. Attorney. Pozos will advise the U.S. Attorney on new office initiatives and focus on strengthening Office relationships with law enforcement and community partners. Pozos will also assist the U.S. Attorney in his communications with the public and the media. In addition to her strategic role, she will also prosecute cases for the Criminal Division.
“The U.S. Attorney’s Office in the Eastern District of Pennsylvania is a national leader within the Department of Justice,” said Pozos. “From the devastating effects of the opioid crisis to the debilitating toll of public corruption, this Office is at the forefront of the most pressing issues facing our country. It is an honor to work with U.S. Attorney Bill McSwain, this entire Office, and our law enforcement partners to confront these challenges, and to protect our community here in the Eastern District.”
Pozos graduated from the University of Pennsylvania Law School after earning her undergraduate degree from Harvard College. After law school, Pozos clerked for the Honorable Michael M. Baylson of the Eastern District of Pennsylvania, and worked at Skadden, Arps, Slate, Meagher & Flom in Washington D.C.
Kehner and Pozos now join the other members of the executive management team: First Assistant U.S. Attorney Jennifer Williams, Deputy U.S. Attorney Louis Lappen, Criminal Chief Denise Wolf and Civil Chief Gregory David.
"I'm delighted that Clare and Alison have joined my leadership team,” said U.S. Attorney McSwain. “I have known them both for over a decade, and they are immensely talented lawyers with excellent judgment. They share my commitment to public safety, and I look forward to working with them on a daily basis. They will strengthen our Office and help us to better serve the citizens of this District."
United States Attorney Announces the Hiring of Three New Federal ProsecutorsRead the Press Release
U.S. Attorney Trent Shores announced today the appointment of Victor A. S. Regal, Thomas E. Duncombe, and Melody Noble Nelson as Assistant United States Attorneys in the Criminal Division of the United States Attorney’s Office for the Northern District of Oklahoma. As Criminal Division AUSAs, they will represent the United States of America in the prosecution of criminal cases. They are scheduled to be sworn in today at 3:00 p.m. at the United States District Courthouse by Chief United States District Court Judge Gregory K. Frizzell.
Mr. Regal joins the U.S. Attorney’s Office from the U.S. Air Force JAG Corps, where most recently he was an Area Defense Counsel. Previously, he served as a military prosecutor. Mr. Regal received his undergraduate degree from Harvard College and his J.D. from Harvard Law School.
Mr. Duncombe joins the U.S. Attorney’s Office from the Western District of Virginia, where he served as a Special Assistant United States Attorney specializing in narcotics and violent crimes prosecutions. Previously, he spent three years as an associate at Goodwin Procter LLP in Boston, Massachusetts, specializing in securities litigation. Mr. Duncombe received his undergraduate degree from Boston University and his J.D. from the Georgetown University Law Center.
Ms. Nelson rejoins the U.S. Attorney’s Office from the Eastern District of Oklahoma where she proudly served as an AUSA in the Criminal Division. Ms. Nelson has over 21 years of white collar prosecutorial experience. She received her undergraduate degree from the University of Central Arkansas and her J.D. from the William H. Bowen School of Law.
“I am excited that Victor, Tom and Melody have joined our team here at the Northern District of Oklahoma.” said U.S. Attorney Shores. “They each possess the talent, work ethic and experience to make a positive impact in our community and achieve our mission of enforcing the laws of the United States.”
Two Suburban Chicago Residents Charged with Illegally Selling Narcotics over the Internet; Law Enforcement Seizes WebsitesRead the Press Release
CHICAGO — Two suburban Chicago residents have been charged with federal drug offenses for illegally selling fentanyl or fentanyl precursors over the internet, and authorities have seized their websites.
LIANGFU “LARRY” HUANG used his company, Ark Pharm Inc., to sell controlled substances – including a fentanyl precursor – over the internet, despite not registering with federal or state authorities, according to a criminal complaint and affidavit filed in federal court in Chicago. Ark Pharm, which is based in Arlington Heights, Ill., offered various drugs for sale on its website (http://www.arkpharminc.com). Huang, 53, of Northbrook, Ill., was arrested Wednesday night after arriving at O’Hare International Airport in Chicago on a flight from China. He is charged with one count of conspiracy to knowingly and intentionally possess with intent to distribute, and to distribute, a controlled substance.
In a related case, WEI XU, also known as “Scarlett Hsu,” used her company, 1717 CheMall Corp., to illegally sell fentanyl and other controlled substances without registering with federal or state authorities, according to the complaint against her. 1717 CheMall Corp., which is based in Mundelein, Ill., offered various drugs for sale on its website (http://www.1717chem.com), including the opioids ocfentanil, oxycodone and hydrocodone, the complaint states. Visitors to the website could search for a drug and order it from the site’s “estore,” the complaint states. Xu, 52, of Vernon Hills, Ill., was arrested Wednesday. She is charged with one count of knowingly distributing a controlled substance.
Also Wednesday, law enforcement agents carried out court-authorized searches of Ark Pharm’s and 1717 CheMall’s businesses and seized their websites.
The charges were announced by Attorney General Jeff Sessions; John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; and Gabriel L. Grchan, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago. Valuable assistance was provided by the U.S. Food and Drug Administration; U.S. Customs and Border Protection; Mundelein, Ill., Police Department; Arlington Heights, Ill., Police Department; Skokie, Ill., Police Department; Northern Illinois Police Alarm System (NIPAS); and Weapons of Mass Destruction Special Response Team North.
“Synthetic opioids killed 20,000 Americans in 2016--more than any other kind of drug," said Attorney General Sessions. “The vast majority of these drugs originated in China and then either shipped through the mail or smuggled across our porous Southwest Border. Under President Trump's strong leadership, the Justice Department has taken historic new steps to target Chinese drug traffickers, and today's indictments are our next step. I want to thank DEA, U.S. Attorney John Lausch, Assistant U.S. Attorney Devlin Su, our partners with CBP, IRS, and the FDA and especially our state and local law enforcement partners who helped make this possible. The Department of Justice will remain relentless in our efforts to keep these deadly drugs out of our country and finally put an end to this unprecedented drug epidemic.”
“The charges announced today are the result of an exhaustive and far-reaching investigation,” said U.S. Attorney Lausch. “Whether it’s online or on the streets, our office is committed to aggressively stopping the flow of illegal drugs.”
“Powerful pharmaceutical medications, fentanyl and fentanyl-related substances are creating a chokehold on our society,” said Special Agent-in-Charge McKnight. “Today’s enforcement actions send a clear message to those who utilize the internet to poison our communities: We will find you and you will be held accountable.”
“There is no room in the Chicagoland area for the illegal selling of fentanyl and other pharmaceuticals,” said Special Agent-in-Charge Grchan. “IRS Criminal Investigation is committed to using its resources and financial expertise to partner with all law enforcement agencies in order to keep our communities safe from the illegal distribution and usages of these and other dangerous drugs.”
Huang and Xu appeared today before U.S. Magistrate Judge Mary M. Rowland, who ordered them to remain in federal custody. A detention hearing is set for June 5, 2018, at 11:00 a.m.
According to the complaint, authorities at the U.S. border seized a dozen packages of crystal meth and other controlled substances that had been shipped from China to Ark Pharm’s headquarters. The shipments purported to contain routine goods such as plastic toys. From November 2016 to earlier this month, law enforcement surreptitiously corresponded with email accounts belonging to Ark Pharm, and conducted five undercover purchases of controlled substances from the company. The drugs were shipped via FedEx, often with Huang’s name listed as the sender, the complaint states.
Authorities performed similar controlled purchases of narcotics at 1717 CheMall Corp. from August 2017 to earlier this month. During the ordering process, agents corresponded via email and phone with Xu, who was using her “Scarlett Hsu” alias, according to the complaint. The drugs from 1717 CheMall were shipped via FedEx, with Xu’s name listed as the sender, the charges allege.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The charges against Huang and Xu each carry a maximum sentence of 20 years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Assistant U.S. Attorney Devlin N. Su represents the government.
Two Members of the Jacksonville City Council Indicted for Fraud and Money LaunderingRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Katrina Brown (37, Jacksonville) and Reginald Brown (56, Jacksonville) with one count of conspiracy to commit mail and wire fraud, twenty-six counts of aiding and abetting mail and wire fraud, and six counts of aiding and abetting money laundering. Each faces up to 20 years in federal prison for the conspiracy count and for each count of aiding and abetting mail and wire fraud; they face up to 10 years in federal prison for each count of aiding and abetting money laundering. The indictment also charges Katrina Brown with two counts of attempted bank fraud and two counts of making false statements to a federally insured financial institution; each count carries a maximum penalty of 30 years in federal prison. The indictment also charges Reginald Brown with failure to file a tax return; the maximum penalty for this charge is one-year imprisonment.
The indictment notifies both defendants that the United States intends to seek forfeiture of at least $754,613.10, which is alleged to be traceable to the offenses.
According to the
indictment , in late 2013, Katrina Brown began to operate as the primary principal for two businesses (Basic Products, LLC and CoWealth, LLC) that had obtained a loan from the Small Business Administration (SBA) in 2011 for $2.652 million, as well as a loan of $380,000 and grant of approximately $260,000 from the City of Jacksonville (COJ), to fund a business that specialized in manufacturing, bottling, and selling barbecue sauce.Katrina Brown’s family had been in the barbecue business in Jacksonville for many years. The loan/grant money was supposed to fund an expansion of Basic Products and help to create permanent manufacturing jobs in Northwest Jacksonville. Each time Katrina Brown sought money for Basic Products from SBA-approved lender BizCapital, she prepared a Loan Reimbursement Form that included the purported business expenses for which Basic Products sought reimbursement.
In late 2013, when the barbecue business was not meeting financial projections, Katrina Brown approached Reginald Brown about incorporating two businesses, A Plus Training and Consultants, LLC and RB Packaging, LLC, with the Florida Division of Corporations. Katrina Brown worked together with Reginald Brown to submit fake invoices from A Plus Training and RB Packaging to BizCapital claiming that the businesses performed work for Basic Products requiring reimbursement, when the businesses had not.
When BizCapital sent the reimbursement checks for A Plus Training and RB Packaging to Reginald Brown’s home, or his mother’s home, Reginald Brown deposited them into the bank accounts for the businesses. He then withdrew a significant portion of the funds and provided them back to Katrina Brown who, either kept them or deposited the funds back into the Basic Products bank account that she controlled.
During this process, from late 2013 to early 2015, Reginald Brown and RB Packaging served as a conduit to receive $251,919.04 in SBA loan proceeds from BizCapital, and then funneled at least $166,500.00 back to Basic Products. Reginald Brown kept the difference in the RB Packaging account and used the majority of the money for personal expenses.
Reginald Brown never filed a tax return for tax year 2014, and he failed to disclose to the IRS that he had received tens of thousands of dollars from the SBA.
In December 2014, BizCapital sent all of the loan draw information to the City of Jacksonville, which included the numerous fraudulent A Plus Training and RB Packaging invoices. This information induced the City of Jacksonville to send $210,549.99 in grant money to BizCapital for the intended use of Basic Products. Katrina Brown and Reginald Brown failed to inform BizCapital that Basic Products fraudulently obtained at least $251,919.04 in loan payments made to Reginald Brown’s shell companies (A Plus Training and RB Packaging).
After BizCapital informed Katrina Brown that the SBA loan was in default status in January 2015, she attempted to obtain two bank loans by submitting doctored and false bank statements to loan brokers seeking loans to infuse cash into her and her family’s businesses. She falsified the statements in an attempt to make it appear that the businesses were creditworthy, when in fact they were not.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorneys Tysen Duva and Michael Coolican.
Two Las Vegas Residents Plead Guilty to Conspiracy to Commit Marriage FraudRead the Press Release
LAS VEGAS, Nev. – Two Las Vegas residents pleaded guilty in federal court to assisting others to enter into a sham marriage for the purpose of obtaining U.S. citizenship, announced U.S. Attorney Dayle Elieson for the District of Nevada and Assistant Special Agent in Charge Michael Harris for Homeland Security Investigations (HSI) in Las Vegas.
Jennifer Hamoy, 58, pleaded guilty today to one count of conspiracy to commit marriage fraud, and co-defendant Antonio Ybanez, 76, pleaded guilty on May 8, to the same criminal charge. United States District Judge James C. Mahan accepted their individual guilty pleas. A sentencing hearing for Hamoy and Ybanez are scheduled on August 30, and August 8, 2018, respectively. The maximum statutory penalty is five years in prison and a $250,000 fine.
According to the indictment and individual plea agreements, from December 10, 2013 to July 10, 2015, Hamoy and Ybanez conspired to assist others to enter into marriage for the purpose of evading U.S. immigration laws without intending to establish a life together as husband and wife. They arranged a sham marriage so that the non-citizen immigrant could obtain permanent resident status. The defendants instructed couples on how to make the marriage appear genuine by opening joint bank accounts, filing joint tax returns, obtaining driver’s licenses with the same address, and taking photos together.
In addition, Ybanez, who is not an attorney, introduced Hamoy as his paralegal who assisted him in filing fraudulent immigration paperwork with the U.S. Citizenship and Immigration Service (USCIS), which she did for a fee. They filed a visa petition and application that contained false and misleading statements to the USCIS for adjustment of citizenship status.
The case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Brandon Jaroch is prosecuting the case.
If you suspect someone is committing marriage fraud, contact the HSI Tip Line at 1-866-347-2423 or at www.ice.gov/tips. For more information on marriage fraud, visit https://www.ice.gov/identity-benefit-fraud.
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Two Cincinnati Individuals Sentenced for Conspiring to Sex Traffic a ChildRead the Press Release
CINCINNATI – Eric Zyn Ho, 25, and Bryan Mathew Otero, 27, of Cincinnati, were each sentenced in U.S. District Court today for their roles in the sex trafficking of a minor. Ho was sentenced to 30 years in prison, followed by 10 years of supervised release and Otero was sentenced to 10 years in prison, followed by 10 years of supervised release.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Union Township Police Chief Scott Gaviglia and other members of the FBI’s Child Exploitation Task Force announced the sentences imposed today by U.S. District Judge Susan J. Dlott.
In May 2017, the defendants conspired to harbor a 14-year-old female and caused her to engage in a commercial sex act.
Both defendants were charged by criminal complaint and arrested on May 4, 2017. They have remained in custody since. They were indicted by a federal grand jury in the same month.
In December 2017, Ho and Otero each pleaded guilty to one count of conspiracy to sex traffic a child. Ho also pleaded guilty to one count of conspiracy to produce child pornography.
Pursuant to the Child Victims’ and Child Witnesses’ Rights Act, additional specific details of the case remain under seal.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Union Township Police, as well as Assistant United States Attorney Kyle J. Healey, who is prosecuting the case.
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Two Brockton Men Sentenced for Trafficking Crack CocaineRead the Press Release
BOSTON – Two Brockton men were sentenced in federal court in Boston for drug trafficking charges.
Curtis Silva, a/k/a “Piff,” 31, was sentenced today by U.S. District Court Chief Judge Patti B. Saris to 10 years in prison and five years of supervised release. Mannie Myers, 39, was sentenced yesterday by Judge Saris to 35 months in prison and five years of supervised release. In September 2017, Silva and Myers each pleaded guilty to one count of conspiracy to distribute cocaine base, also known as crack cocaine.
During an investigation into a network of street gangs trafficking illegal firearms and drugs, investigators identified Luis Rivera as a Brockton-based source of supply for cocaine and cocaine base for members and associates of the Boylston Street Gang, as well as other drug dealers in Brockton, including Silva and Myers, who were repeat drug customers of, and distributors for, Rivera.
On May 17, 2018, Rivera was sentenced to 10 years in prison, five years of supervised release and ordered to pay a fine of $5,000.
The defendants are two of 53 defendants indicted in June 2016 on federal firearms and drug charges following an investigation into a network of street gangs that created alliances to traffic weapons and drugs throughout Massachusetts and to generate violence against rival gang members. According to court documents, the defendants, who are leaders, members, and associates of the 18th Street Gang, East Side Money Gang and the Boylston Street Gang, were responsible for fueling a gun and drug pipeline across a number of cities and towns in eastern Massachusetts. During the course of the investigation, over 70 firearms were seized.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal for the District of Massachusetts; Maura Healey, Attorney General of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Evans; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley made the announcement today. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments.
Three people indicted for illegally re-entering the U.S. after previous deportationsRead the Press Release
Three people were indicted in federal court for illegally re-entering the United States after previous deportations.
Indicted are: Jose Gregorio De Refugio Cruz, 50, a citizen of Mexico; Jermaine Willis, 39, a citizen of Jamaica; Saul Reyes-Murcia, 45, a citizen of El Salvador,
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
These cases were investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, and U.S. Border Patrol. They are being handled by Assistant U.S. Attorneys Alissa M. Sterling, Brad Beeson.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Pharmacists, a Doctor and Patient Recruiters Charged in a $9.6 Million Illegal Opioid Distribution ConspiracyRead the Press Release
An indictment was unsealed today charging three pharmacists, one doctor and two other individuals with conspiracy to illegally distribute prescription drugs, U.S. Attorney Matthew Schneider announced today.
Attorney General Jeff Sessions joined U.S. Attorney Schneider in the announcement, along with Michael Bouchard, Oakland County Sheriff, Special Agent in Charge Timothy J. Plancon, U.S. Drug Enforcement Administration, Detroit Field Division; Special Agent in Charge Manny Muriel, Internal Revenue Service, Criminal Investigations; and Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Division.
Charged in the indictment are:
Pharmacist Enitan Sodiya-Ogundipe, 42, of Novi
Pharmacist Amir Rafi, 49, of Farmington Hills
Pharmacist Abiodun Fabode, 56, of Chesterfield Township
Dr. Vasan Deshikachar, 50, of Boca Raton, Florida
Niesheia Tibu, 44, of Canton
Andrei Tibu, 30, of Canton
The indictment alleges that from January 2015 through March 2018, these pharmacists and doctor conspired with the other defendants to issue and dispense a large number of prescription opioids for supposed patients, who did not have a legitimate medical need for the drugs. Deshikachar primarily prescribed oxycodone and oxymorphone, two of the most addictive opioids that have high street value. The Tibus would take the supposed patients to Precare Pharmacy, Global Health Pharmacy and Friendz Pharmacy, where Sodiya-Ogundipe, Rafi and Fabode would dispense the drugs. The Tibus then obtained the drugs and sold them on the street.
According to the indictment, the pharmacies dispensed more than 344,737 dosage units of Schedule II opioid prescriptions during the course of the conspiracy. These controlled substances had a conservative street value in excess of $9,600,000.
“It's incredible but true that we have seen that some of our trusted doctors, pharmacists, and medical professionals have chosen to violate their oaths and exploit our unprecedented drug crisis for profit,” Attorney General Jeff Sessions said. “Last summer, I sent a dozen of our top federal prosecutors to focus solely on the problem of opioid-related health care fraud in places where the epidemic was at its worst—including Eastern Michigan. Under the leadership of U.S. Attorney Matthew Schneider, our prosecutors in the Eastern District of Michigan have already made great progress in this effort—and today we continue that progress. In this case, three pharmacists and one doctor allegedly conspired to distribute nearly $10 million worth of opioids into the community, potentially spreading addiction and causing untold damage to Michigan families. I want to thank the FBI, DEA, our fabulous prosecutors Brandy McMillion and Brant Cook, the IRS, the Oakland County Sheriff’s office and all of our state and local partners for their hard work on this case. As this indictment makes clear, we are determined to reduce opioid fraud and to ultimately end the drug epidemic.”
“Diversion of prescription pills to the street market is a direct cause of the current opioid epidemic facing our country,” U.S. Attorney Schneider said. “We are focusing on charging doctors, pharmacists and the networks that are contributing to the opioid problem in our district.”
“As we are in the midst of the worst opioid epidemic in our lifetime, it is important we team up with our federal partners and target those who peddle this death,” said Sheriff Michael J. Bouchard. “We will go after street dealers, physicians, and pharmacists who choose to violate the law. I am proud of this team who went after this illegal operation and held those responsible accountable for their dangerous criminal behavior.”
“Investigators uncovered the hidden layers of illegal pharmaceutical trafficking conducted by members of the Tibu organization,” stated Special Agent in Charge Plancon. “These dealers illegally prescribed and sold OxyContin and other opioids and will now be held responsible for the devastation caused to families in southeastern Michigan and beyond. The DEA will continue to target all large scale drug traffickers especially those contributing to the opioid epidemic in America.”
“IRS Criminal Investigation contributes our resources and financial expertise working together with our law enforcement partners to fight the opioid epidemic,” stated IRS-Criminal Investigation Special Agent in Charge Manny Muriel. “We will continue to fight this crisis, disrupting any financial benefit received from the sale of dangerous prescription drugs that plague our communities.”
Sodiya-Ogudipe was also charged with money laundering for engaging in monetary transactions with the criminal cash proceeds from her illicit pharmacy business.
This case is being prosecuted by Assistant United States Attorneys Brandy R. McMillion and A. Brant Cook. The Eastern District of Michigan is one of the twelve districts included in the Opioid Fraud Abuse and Detection Unit, a Department of Justice initiative created by Attorney General Sessions, that uses data to target and prosecute individuals that are contributing to the nation’s opioid crisis.
The case was investigated by special agents and task force officers of the DEA, the Oakland Country Sheriff’s Office, the Internal Revenue Service, and the Federal Bureau of Investigation.
An indictment is only a charge and is not evidence of guilt. Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Men Sentenced to Prison for Crimes Involving Counterfeit Currency and FirearmsRead the Press Release
TUCSON, Ariz. – On May 29, 2018, Osmar Bustamante-Figueroa, 21, of Tucson, Ariz., was sentenced by U.S. District Judge Jennifer G. Zipps to 65 months’ imprisonment. Bustamante was the third of three defendants convicted of crimes involving producing and passing counterfeit U.S. currency and unlawfully possessing firearms. Bustamante’s co-defendants, Clinton Young, 43, of Irving, Texas, and Jose Manuel Valenzuela, 19, of Tucson, Ariz., had previously pleaded guilty and been sentenced to 15 and 16 months in prison, respectively, for conspiracy to pass or possess counterfeit currency.
Beginning in early 2016, Bustamante and Young began counterfeiting Federal Reserve Notes, which Bustamante and Valenzuela used to purchase firearms from private individuals selling firearms via online advertisements. Between March and June of 2016, Bustamante and his co-conspirators passed more than $50,000 worth of counterfeit currency to at least sixteen identified victims in exchange for various firearms. At the time of these transactions, Bustamante was under indictment on State (Arizona) felony drug charges.
The investigation in this case was conducted by the United States Secret Service and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Tucson Police Department. The prosecution was handled by Rosaleen O’Gara and Angela W. Woolridge, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-17-00486-TUC
RELEASE NUMBER: 2018-073_Bustamante-Figueroa etal
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Third Cuban National Sentenced to Prison for Identity Theft and Credit Card Fraud Scheme with 54 VictimsRead the Press Release
The third of three Cuban nationals who traveled across sixteen Iowa counties in 2017 and used at least fifty-four stolen identities and card numbers to make fraudulent purchases were sentenced to federal prison yesterday.
Liliany de Armas Mena, 21, resident of Kentucky, was sentenced to three years in prison after a guilty plea to conspiracy to commit access device fraud and aggravated identity theft. Pedro Alvarez Rodriguez, age 36, and Dunieski Santana Moreno, age 27, residents of Florida, were both previously sentenced in April to 42 months and 40 months in federal prison, respectively, after guilty pleas to the same offenses.
“Identity theft plagues Americans and financial institutions across the country and has a real impact on people’s everyday lives,” said United States Attorney Peter Deegan. “We will continue working with our law enforcement partners to protect innocent Iowans from these schemes and hold the perpetrators accountable.”
“This sentencing sends a strong message to those who attempt to defraud honest citizens and businesses in our communities without consequences.” said Tracy J. Cormier, Special Agent in Charge of HSI St. Paul. “I am proud of the work done by HSI special agents and the Waverly Police Department during this investigation and commend their efforts to put these criminals out of business.”
According to plea agreements and other information presented in court, de Armas Mena, Alvarez Rodriguez, and Santana Moreno perpetrated an identity theft and credit card fraud spree across the state of Iowa, using counterfeit credit cards containing at least fifty-four “skimmed” account numbers of victims. They used these fake cards to purchase gift cards and gift card reloads at Wal-Mart stores.
The scheme was designed to evade detection by moving across county borders to stay ahead of authorities, using self-checkout registers to make their repetitive transactions with multiple victims’ cards, and using locally “skimmed” numbers of mostly Iowa victims. De Armas Mena, Alvarez Rodriguez, and Santana Moreno visited Wal-Mart stores in West Burlington, Mount Pleasant, Ottumwa, Grimes, Altoona, Ames, Boone, Denison, Sioux City, Le Mars, Sioux Center, Spencer, Spirit Lake, Mason City, Cedar Falls, and Waverly over the span of only four days in January and February 2017. Alvarez Rodriguez had previously been convicted in 2015 of attempted robbery in Cuyahoga County, Ohio, after another incident at a Wal-Mart involving counterfeit cards and stolen account numbers. Santana Moreno had previously been convicted in 2015 of financial transaction card theft in Sumter County, South Carolina.
De Armas Mena was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand to 36 months’ imprisonment and two years of supervised release to follow. All three have been ordered to make $5,655.08 in joint and several restitution to victims. There is no parole in the federal system.
In sentencing the defendants, Chief Judge Strand condemned the “extremely disturbing” crimes, commenting that the defendants were parasites motivated by greed, who made the decision over and over to steal and make their livings off others’ hard-earned money.
De Armas Mena is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lyndie M. Freeman and investigated by Homeland Security Investigations and the Waverly Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2044.
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Tax Preparer Sentenced to Five Years in Prison for Filing Fraudulent ReturnsRead the Press Release
BIRMINGHAM - A federal judge today sentenced long-time tax preparer SANDRA LENORA GREEN, 61, of York, Ala., to five years and three months in prison for aiding and abetting the filing of false tax returns, announced U.S. Attorney Jay E. Town and Internal Revenue Service Criminal Investigation Special Agent in Charge Thomas J. Holloman.
“The federal government is funded by people who pay the taxes that they owe. When unscrupulous tax preparers like Green make their living filing false returns that seek unjustified payouts, they end up stealing money from the taxes paid by those Americans who follow the law,” Town said. “Tax crimes negatively impact every aspect of the public fisc, from national security to our interstates, and will not be tolerated.”
“Today’s sentencing is another example of what happens to abusive tax preparers who seek to produce false tax returns for higher client fees and refunds,” Holloman said. “IRS-Criminal Investigation will continue to serve the American taxpayer by ensuring unscrupulous tax preparers are brought to justice.”
Green pleaded guilty in November to her role in filing false tax returns in the names of three people, who were not charged. According to her plea agreement, Green falsely claimed credits and losses on clients’ tax returns in order to inflate the amount of the tax refund they would receive. By doing this, Green increased the profit for the tax-preparation service by increasing the number of clients or increasing the fees from clients. Green agreed to pay restitution of $247,174 to the IRS and admitted that her crimes involved actual or intended losses of $1.5 million to $3.5 million.
At the time of her guilty plea, U.S. District Judge L. Scott Coogler told Green not to prepare any tax returns other than her own between then and her sentencing date. During the sentencing hearing, the government presented evidence that Green had ignored the court order and had served as a tax preparer during this year’s tax-filing season – again submitting false tax returns in her clients’ names.
IRS-CI investigated the case, which Assistant U.S. Attorney Melissa K. Atwood prosecuted.
Stilwell Man Sentenced to 188 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that James Paul Brown, age 47, of Stilwell, Oklahoma, was sentenced to 188 months imprisonment and 5 years supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e)(1). The sentences on each count were ordered to run concurrently. The charges arose from an investigation by the District 27 Drug Task Force, the Stilwell Police Department, the Cherokee Nation Marshal Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about May 18, 2017, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. Additionally the indictment alleged that the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, an FMK Firearms, Model 9C1G2, 9x19 caliber pistol, serial number BP3233, and a Yugoslavia, Model 59/66, 7.62x39 caliber rifle, serial number M-477781, firearms which had been shipped and transported in interstate commerce.
“It is not unusual to find weapons in the possession of people in the business of dealing methamphetamine. Firearms are a tool of the trade because drug distribution is inherently violent. The defendant in this case possessed methamphetamine and guns. Federal defendants, such as Brown, who possess firearms after having three convictions for a violent felony or a serious drug offense are sentenced as “armed career criminals” and face a mandatory minimum of 15 years imprisonment,” United States Attorney Brian J. Kuester said. “This investigation and resulting prosecution demonstrates how agencies tasked with public safety can maximize their efforts by working together. I commend the District 27 District Attorney’s Office and its Drug and Violent Crime Task Force, the Stilwell Police Department, the Cherokee Marshal Service, the ATF, and members of this office for working together to make our communities safer.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Christopher Wilson represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Springfield Man Sentenced for Crack Cocaine DistributionRead the Press Release
BOSTON – A Springfield man was sentenced today in federal court in Springfield for distributing crack cocaine.
Andrew Cruz, 26, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three years in prison and three years of supervised release. On June 15, 2016, Cruz pleaded guilty to distribution and possession with intent to distribute cocaine base. He has been in custody since his arrest.
Cruz sold a cooperating witness cocaine base, also known as crack, on two occasions in July 2015.
Cruz is currently in custody on firearms and drug offenses charged in the District of Vermont. He faces two five-year mandatory minimum sentences, to be imposed consecutively, for distributing more than 28 grams of cocaine base, cocaine, and oxycodone – while possessing a 9mm Beretta handgun – and distributing heroin and cocaine base on two more occasions. The sentence imposed today will be served concurrent to whatever sentence is imposed in the pending cases in the District of Vermont.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James M. Neiswanger made the announcement today. Assistant U.S. Attorney Todd Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Special Counsel’s Office Statement of Expenditures: October 1, 2017 – March 31, 2018Read the Press Release
Please find the link to the Special Counsel’s Office Statement of Expenditures, October 1, 2017 to March 31, 2018 HERE. This statement has also been provided to the Senate Committee on the Judiciary and the House Committee on the Judiciary, and the Senate and House Appropriations Committees.
Today’s statement reflects the Special Counsel’s spending within the approved budget. The Justice Management Division will conduct a similar review every six months. The next Statement of Expenditures will be released after September 30, 2018.Son of House-stealing Scheme Mastermind Sentenced to 119 Months in Federal PrisonRead the Press Release
PHILADELPHIA – Terrell Hampton who, along with his father and several other family members, defrauded the City of Philadelphia, the Commonwealth of Pennsylvania, and innocent owners and purchasers of Philadelphia real estate, was sentenced to 119 months in prison today, announced U.S. Attorney William M. McSwain.
Hampton, 37, along with his father Kenneth and other family members, stole vacant homes in Philadelphia that belonged to people who could not afford to defend their properties. Kenneth Hampton was convicted and sentenced to 200 months in prison in November.
At the direction of his father, who was in prison at the time, Terrell looked for vacant properties to target, created and filed fraudulent deeds, sought buyers for the stolen properties, and kept Kenneth apprised of scheme developments. They communicated through phone calls, emails, and letters, as well as through Kenneth’s fiancée, co-conspirator Roxanne Mason.
The participants in the scheme moved into the stolen properties under the cover of fake leases that purported to grant them the right to occupancy. They then found ways to profit from the stolen properties, either by selling the homes to good faith purchasers, by saddling them with debt, or by taking advantage of government programs designed to aid legitimate homeowners.
“This defendant stole from people who didn’t have the resources to fight back, often resulting in victim battling against victim, homeowner against good faith purchaser,” said U.S. Attorney McSwain. “He lived up to the low example set by his father, and I am proud that the talented case team has put both of them behind bars.”
The case was investigated by the United States Secret Service, Department of Homeland Security - Office of the Inspector General, Federal Bureau of Investigation, and the Office of the Inspector General, City of Philadelphia. The case was prosecuted by Assistant United States Attorneys Paul G. Shapiro and Sarah M. Wolfe
Shreveport felon sentenced to 24 months in prison for possessing pistol found at residenceRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport man previously convicted of a felony was sentenced Wednesday to two years in prison for possessing a pistol found in his residence.
Kenneth D. Mayweather, 21, of Shreveport, was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the February 7, 2018 guilty plea, the Caddo-Shreveport Narcotics Street Level Investigative Unit searched a Shreveport residence August 3, 2017 during a drug investigation. Three males were taken into custody during the search with two apprehended in the backyard after attempting to flee the residence. Also during the search, law enforcement agents found a Glock, model 23, .40 caliber pistol and 11 rounds of ammunition. Mayweather admitted to owning the firearm and that he was not allowed to have one as he has a prior felony conviction.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The ATF and Caddo-Shreveport Narcotics Unit conducted the investigation. Assistant U.S. Attorney Tiffany E. Fields prosecuted the case.
Serial Waterloo Area Burglar Sentenced to Prison for Illegally Possessing FirearmRead the Press Release
A convicted felon who stole a firearm during a burglary of a Waterloo truck and trailer repair shop was sentenced May 30, 2018 to more than four years in federal prison.
Patrick Ryan Lindquist, age 38, of Dunkerton, Iowa, received the prison term after a January 18, 2018 guilty plea to possession of a firearm by a felon.
At the guilty plea, Lindquist admitted he stole automotive tools during the November 2016 burglary and took the firearm he came across at the repair shop in order to “protect himself” during the burglary. Approximately two weeks later, the loaded, stolen firearm and an automotive scanner stolen during the burglary were recovered by law enforcement at Lindquist’s residence. Information presented at sentencing revealed that Lindquist was a serial burglar who also had served significant time in prison for possession of methamphetamine with intent to deliver.
Lindquist was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lindquist was sentenced to 56 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Lindquist is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lyndie M. Freeman and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2092.
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River Ridge Man Pleads Guilty to Stealing over $1,000,000 from EmployerRead the Press Release
U.S. Attorney Duane A. Evans announced that DON MANUEL ZEMO, JR., age 55, a resident of River Ridge, Louisiana, pleaded guilty yesterday before United States District Judge Ivan L.R. Lemelle after previously being charged with conspiracy to commit mail fraud, in violation of Title 18, United States Code, Section 371, for his role in stealing over $1,000,000 from his employer, a privately owned and operated company that provided portside services as a terminal operator and stevedore at the Port of New Orleans.
According to court documents, Company A hired ZEMO in 1999. Between 2003 and 2015, he served as the General Manager of Port Operations and earned in excess of $100,000 per year for his employment. As General Manager, ZEMO oversaw and managed Company A’s day-to-day operations at Company A’s terminal at the Port of New Orleans, including handling all financial documentation, personnel decisions, job scheduling, implementing of Company A’s policies at Company A’s Port of New Orleans terminal, and facilitating the billing of Company A’s customers.
In about August 2009, R.Z. formed U.S. Gulf Trade, Inc. (“USGT”). Although ZEMO was not explicitly affiliated with USGT, he was involved in its day-to-day operations. Between January 29, 2012, and July 7, 2015, ZEMO and R.Z. diverted approximately $1,033,639.54 over the course of eighty (80) transactions from Company A to themselves and USGT. ZEMO did so by representing to Company A’s customers that USGT, and not Company A, had provided certain services and material to the customer when, in fact, Company A’s equipment, employees, and material was used to provide the services and directing customers to transmit payments to USGT, not Company A, for the services rendered and material provided, without Company A’s knowledge or authorization. Among the fraudulent transactions ZEMO caused was one on May 22, 2015, in which ZEMO caused a shipping company to send a check via U.S. Mail to USGT in the amount $49,498.49, when such funds should have been made payable to, and actually transmitted to, Company A.
ZEMO faces a maximum term of imprisonment of five years, a fine of up to $250,000.00, three years supervised release after imprisonment, and a mandatory $100 special assessment. Sentencing before Judge Lemelle has been scheduled for August 29, 2018.
U.S. Attorney Evans praised the work of the Internal Revenue Service – Criminal Investigations. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Rhode Island Man Pleads Guilty to Federal Cyberstalking ChargesRead the Press Release
PROVIDENCE, RI – A North Smithfield, R.I., man admitted in federal court today to cyberstalking and threatening to harm or kill his former girlfriend and her parents.
Appearing in U.S. District Court in Providence, Howard S. Bishop, 38, pleaded guilty to a two-count information charging him with transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person, using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress.
Bishop was arrested by FBI agents in Rhode Island in January 2018, approximately four months after moving from Texas to Rhode Island, where his family resides.
Bishop’s guilty plea before U.S. District Court Chief Judge William E. Smith is announced by United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division.
According to court records, in February 2011, a former girlfriend of Bishop obtained a protective order against him in Travis County, TX. In January 2012, Bishop was found guilty of violating the order and received a sentence of two years’ probation. In December 2017, a misdemeanor warrant was issued in Travis County for the arrest of Bishop for again violating the protective order.
According to court documents, beginning in November 2016, and continuing until his arrest in Rhode Island, Bishop sent hundreds of harassing and threatening messages via the Internet to a former girlfriend and her family in Texas. All of the individuals expressed extreme fear for their safety. Prior to Bishop’s arrest, the former girlfriend was in hiding with the assistance of the FBI. The woman’s family hired armed security guards to protect their home.
Bishop, who has been detained since his arrest on January 24, 2018, is scheduled to be sentenced on September 21, 2018.
Transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress are each punishable by up to 5 years in federal prison, a fine of $250,000 and 3 years supervised release.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by the FBI.
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Republic Woman Sentenced to 21 Years for Leading Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Republic, Mo., woman has been sentenced in federal court for leading a conspiracy to distribute large quantities of methamphetamine in southwest Missouri.
Kenna Harmon, 39, of Republic, was sentenced by U.S. District Judge M. Douglas Harpool on Tuesday, May 29, 2018, to 21 years and six months in federal prison without parole.
On March 17, 2016, Harmon pleaded guilty to being a leader, along with her husband, Daniel Harmon, in the drug-trafficking conspiracy as well as a money-laundering conspiracy and to being a felon in possession of a firearm.
In total, the Harmon drug-trafficking organization was responsible for the distribution of over 45 kilograms of methamphetamine from June 1, 2013, through Nov. 29, 2014. The Harmons obtained pound amounts of methamphetamine from sources in Kansas City and St. Louis, Mo., and in Oklahoma for distribution in the Springfield area.
Beginning in 2012, the Drug Enforcement Administration, assisted by other agencies, investigated one of the largest methamphetamine distribution rings in southwest Missouri. The investigation resulted in the indictment of 29 co-defendants.
In December 2013, Daniel Harmon was stopped by law enforcement officers outside of St. Louis. During a search of his vehicle, officers discovered approximately four pounds of methamphetamine, $60,000 and a handgun. Daniel Harmon was indicted in the Eastern District of Missouri and pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm.
After Daniel Harmon’s arrest and incarceration, Kenna Harmon continued to lead the drug-trafficking organization in its distribution of methamphetamine. Kenna Harmon directed the organization to purchase large amounts of methamphetamine from various sources of supply and provided distributive amounts of methamphetamine to co-defendants. Kenna Harmon, in order to distribute the large amount of methamphetamine that she was responsible for selling, stored methamphetamine in several residences in Greene and Polk Counties, and directed several individuals to assist in maintaining those residences.
On Nov. 27, 2014, Kenna Harmon was stopped in her blue BMW 545i while traveling in Springfield. During a search of Kenna Harmon’s vehicle, officers discovered a small amount of methamphetamine, $4,604 and marijuana, all of which was found on either her person or within the vehicle. A search warrant was executed at her residence the same day, where agents found approximately $20,000, approximately 5 ½ pounds of methamphetamine and a loaded Jennings .22-caliber pistol (in a nightstand in her bedroom).
Under the terms of her plea agreement, Kenna Harmon must forfeit to the government the house she was building in Halfway, Mo. Kenna Harmon paid approximately $324,185 in cash for the construction of the residence, which was from drug-trafficking proceeds. The proceeds were paid in installments to a local building contractor that Kenna Harmon hired. She told the contractor that she had inherited the cash, which was not true. She used the property to promote her continued sale of methamphetamine by storing methamphetamine at the residence. Harmon must also forfeit a firearm, five vehicles used by the conspiracy to distribute methamphetamine, jewelry purchased with drug proceeds and approximately $61,000.
Harmon is among 19 co-defendants who have been sentenced in this case. The remaining 10 defendants have pleaded guilty and await sentencing.
This case is being prosecuted by Assistant U.S. Attorneys Randall D. Eggert, Nhan D. Nguyen and Cynthia J. Hyde. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Repeat Yakima Drug Dealer Sentenced to Life ImprisonmentRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Johnny Andres Asuncion, III, age 39, of Yakima, Washington, was sentenced today after having been convicted after a three-day jury trial in November, 2017, of Possession with Intent to Distribute 50 Grams or more of actual Methamphetamine. Senior United States District Judge Edward F. Shea sentenced Asuncion to a life term of imprisonment.
According to information disclosed during court proceedings, in early 2017 while looking for Asuncion at a house in Selah, Washington, officers with the Pacific Northwest Violent Offender Task Force observed him carrying a black case to a vehicle and drive away. At the time, Asuncion was the subject of an outstanding warrant for violations of court supervision stemming from a 2006 drug conviction. After seeing Asuncion drive away, officers initiated a traffic stop and arrested him. Shortly thereafter, a certified narcotics detection canine alerted on Asuncion’s vehicle and officers applied for and obtained a warrant to search Asuncion’s vehicle for illegal drugs. During their search, officers found the black case they had observed Asuncion carrying before he was arrested. The black case contained approximately one kilogram of methamphetamine, Asuncion’s driver’s license, bank debit card, and other personal items.
During the sentencing hearing, Judge Shea observed that Asuncion had four prior felony drug convictions which qualified him for a mandatory term of life imprisonment and the sentence imposed was appropriate in this case. Asuncion’s criminal history includes prior prosecutions by the United States Attorney’s Office for being a previously convicted felon in possession of a firearm in 2001 and again in 2004, for distribution of methamphetamine in 2006, and for a misdemeanor possession of methamphetamine in 2015.
U. S. Attorney Harrington said, “The Court’s sentence will protect the community, punish Asuncion, and deter others who might consider committing similar crimes in the Eastern District of Washington. I commend the law enforcement officers who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who distribute drugs in this District.”
The investigation was conducted by Yakima Police Department; Yakima County Sheriff’s Office; Law Enforcement Against Drugs Task Force; Pacific Northwest Violent Offender Task Force, and the Drug Enforcement Administration. The case was prosecuted by Benjamin D. Seal, an Assistant United States Attorney for the Eastern District of Washington.
Repeat Waterloo Drug Dealer Sentenced to 11 Years in Federal PrisonRead the Press Release
A Waterloo man who possessed two loaded guns and marijuana he planned to sell was sentenced May 30, 2018, to 11 years in federal prison.
Demetrius Marcellus Green, age 25, from Waterloo, Iowa, received the prison term after a January 31, 2018, guilty plea to possessing a controlled substance with intent to distribute it after being convicted of a prior drug felony and possession of firearms during and in relation to a drug trafficking crime.
In a plea agreement, Green admitted that he carried two guns, a Ruger, Model Super Black Hawk, .44 caliber revolver and a Ruger, Model SR9, 9mm pistol, while he possessed marijuana with the intent to distribute it. On September 3, 2017, law enforcement officers located Green after a call regarding an argument with a female. Green had two guns, both loaded and one with a large capacity magazine, several baggies of marijuana, a digital scale, and $650 cash in his possession at the time of his arrest.
Green was previously convicted of possession of marijuana with intent to distribute and possession of marijuana with intent to distribute 2nd offense in state court. Green was still on parole at the time of his arrest in this case. Green’s criminal history also includes convictions for assault causing bodily injury and disorderly conduct, fighting or violent behavior.
Green was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Green was sentenced to 132 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Green is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Waterloo Police Department and the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-02083.
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Possession of Firearms and Methamphetamine Leads to More Than 22 Years in PrisonRead the Press Release
A man who was found lying in a field in the possession of a loaded handgun and over 500 grams of ice methamphetamine was sentenced today to more than 22 years in federal prison.
Troy Postel-Vargason, age 36, from Independence, Iowa, received the prison term after a November 27, 2017, guilty plea to four separate drug and gun related crimes. Specifically, Postel-Vargason pled guilty to possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug trafficking felony, and two separate counts of being a felon in possession of a firearm.
According to a criminal complaint filed in the case, Postel-Vargason was found by police officers in February 2017, lying in a field near his home in Independence and holding a bag that contained the methamphetamine. A loaded 9mm handgun was found on the ground. The serial number on the handgun was obliterated but was later restored by the Iowa Division of Criminal Investigation (DCI) laboratory. The gun had been reported stolen. At the guilty plea, Postel-Vargason admitted he intended to distribute the ice methamphetamine and that he possessed multiple firearms, including the loaded 9mm handgun. He also admitted that, in August 2017, he possessed a Ruger 9mm pistol in the Southern District of Iowa. Postel-Vargason agreed to transfer that case to the Northern District of Iowa, in Cedar Rapids, so that he could be sentenced on all four charges at the same time.
Postel-Vargason was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Postel-Vargason was sentenced to 270 months’ imprisonment and must serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Postel-Vargason is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Independence Police Department, the Tri-County Drug Task Force, the Iowa Division of Narcotics Enforcement, and a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation (FBI), and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
The Southern District of Iowa case was investigated by the Iowa State Patrol, the FBI, and the LeClaire Police Department.
Court file information is at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-MJ-127 (criminal complaint); 17-CR-2023 (Northern District of Iowa case); and 17-CR-2086 (Southern District of Iowa case).
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Pickens Man Involved in Theft of Guns from Firearms Dealer and Illegal Sale of Firearms Sentenced to 10 Years in Federal Prison for Illegally Possessing FirearmRead the Press Release
Jackson, Miss. – Estelle Cook, Jr., 28, of Pickens, was sentenced yesterday by U.S. District Judge Carlton W. Reeves to 10 years in federal prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Cook was also ordered to pay nearly $16,000 in restitution to the gun store victim in this case.
Around 2:30 a.m. on July 28, 2014, Estelle Cook and co-defendant Corey Hughes tore a hole in the side of Central Mississippi Firearms, a gun store in Kosciusko, Mississippi, and stole 41 guns. Cook, Hughes, and others sold at least a dozen of the stolen firearms in Durant and Lexington, Mississippi. Cook led the sale of at least ten of the stolen guns to seven different buyers at a home in Durant. He sold those guns for cash, pocketing $100 per gun.
On October 3, 2017, a federal grand jury indicted Estelle Cook, Corey Hughes, Darnell Branch, and Frederick Russell for their unlawful conspiracy to possess and sell stolen firearms. All four defendants pled guilty.
At Cook’s sentencing hearing yesterday, Judge Reeves imposed the maximum sentence allowed under the law – 10 years in prison. He also ordered Cook to reimburse the gun store victim for its nearly $16,000 in losses.
Co-defendant Frederick Russell is scheduled to be sentenced on June 5, 2018. He faces a maximum penalty of 5 years in prison and a $250,000 fine. Co-defendants Corey Hughes and Darnell Branch are scheduled to be sentenced on June 11, 2018. Hughes faces maximum penalty of 10 years in prison and a $250,000 fine. Branch faces a maximum penalty of 5 years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jackson Police Department.
Pharmacy Owners Agree to Pay $3.2 Million to Resolve False Claims CaseRead the Press Release
PHILADELPHIA – The owners of I&L Express Pharmacy in Philadelphia have agreed to pay millions to resolve a False Claims Act case against them, U.S. Attorney William M. McSwain announced today.
Irina Minkovich and Yelena Babchinetskya have agreed to pay $3.2 million to the federal government to resolve allegations that they violated the False Claims Act by billing Medicare for prescription medications that were not actually dispensed during the period January 1, 2009, through December 31, 2015.
These medications included such drugs as Lidoderm, Advair Diskus, Nexium, Plavix, Solaraze, Zeita, Ranexa, Celebrex, Spiriva Handihaler, Nasonex, Lovaza, Singulair, Prevacid, Valsartan, Aricept, and Lidocaine. I&L Express Pharmacy, Irina Minkovich, who is also I&L Express’ pharmacist, and Yelena Babchinetskya also agreed with the Department of Health and Human Services, Office of the Inspector General to enter into an integrity agreement. The integrity agreement requires them to undertake substantial compliance obligations and to contract with an Independent Review Organization that will conduct quarterly third-party audits of their Medicare and Medicaid claims and drug inventory.
“Pharmacies and pharmacists have a responsibility to serve as gatekeepers of a closed system of prescription drug distribution. That responsibility was abused for profit here,” said U.S. Attorney McSwain. “Taxpayer dollars should be spent on needed medications, not wasted on fraud and abuse.”
“Pharmacies are an integral partner in patient care, and they are expected to act with integrity,” said Maureen Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services, Office of the Inspector General. “We take allegations of pharmacy fraud seriously, as evidenced by today’s $3.2 million settlement, and we will continue to work with our partners to ensure taxpayer dollars are spent in an appropriate manner.”
The settled civil claims are allegations only. There has been no determination of civil liability.
This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General. It was handled by Civil Chief Gregory B. David and Auditor George Niedzwicki.
Northeast Ohio Man Pleads Guilty to Buying Gun for Convicted Felon who Killed Westerville Police OfficersRead the Press Release
COLUMBUS, Ohio – Gerald A. Lawson III, 31, of Warrensville Heights, Ohio, has pleaded guilty in U.S. District Court to acting as a straw purchaser for Quentin L. Smith, a convicted felon who shot and killed two Westerville Police Officers on February 10, 2018.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Trevor Velinor, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced the plea entered into today before Chief U.S. District Judge Edmund A. Sargus, Jr.
According to court documents, when Westerville Police Officers Anthony Morelli and Eric Joering responded to a domestic disturbance call on Cross Wind Drive in Westerville on February 10, Smith was armed with a Glock semi-automatic handgun.
As a convicted felon, Smith is prohibited from purchasing or possessing a firearm.
Smith provided Lawson, a longtime friend, money for the firearm and an extra $100 to compensate Lawson – who knew Smith had been convicted of a felony burglary offense and domestic violence – for buying the gun for him.
On May 18, 2017, Lawson purchased the Glock handgun at Stonewall Gun Shop and Pistol Range in Broadview Heights, Ohio. When purchasing the handgun, he lied on an ATF Firearms Transaction Record Form and said he was not acquiring it on behalf of another person.
Aiding and abetting the possession of a firearm by a prohibited person is a federal crime punishable by up to 10 years in prison.
U.S. Attorney Glassman commended the investigation of this case by ATF, and Assistant United States Attorney Noah R. Litton, who is prosecuting the case.
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North Side Woman Sentenced to 2 Years in Federal Prison for Conspiring to Distribute Prescription Painkillers and Health Care FraudRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 25 months’ imprisonment followed by four years supervised release on her convictions for conspiring to commit health care fraud and conspiring to distribute oxycodone, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Teresa Bernardi, 56.
According to information presented to the court, Bernardi participated in a criminal network of drug dealers that obtained opiate painkillers and then illegally distributed them to users in the Pittsburgh area. Bernardi acted as a broker to arrange for co-conspirators to sell prescription opiates they obtained using prescriptions through health care providers to William Richardson, the primary dealer in the conspiracy. The conspirators paid for the prescriptions through taxpayer funded health care insurance.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Office of the Attorney General, the Pittsburgh Bureau of Police, and the Allegheny County Police Department, for the investigation leading to the successful prosecution of Bernardi.
Newton Man Charged with Illegally Possessing Firearms and AmmunitionRead the Press Release
BOSTON – A Newton man was indicted today by a federal grand jury in Boston with illegally possessing firearms and ammunition.
Juan Francisco David, 45, was indicted on one count of being a felon in possession of firearms and ammunition. David was arrested in April 2018 and charged by criminal complaint. He was released from custody on conditions.
According to court documents, law enforcement officers were investigating the theft of five firearms from a sports club in Weymouth. Upon reviewing security camera footage, the officers were able to identify the individual, Joseph Fee, who had taken all five guns on two separate visits to the club. Fee was located and law enforcement learned that the guns had been given to two other individuals. Law enforcement recovered four of the five stolen firearms from one of the individuals.
The fifth gun, a Smith & Wesson, .38 caliber revolver, had been given to a man known as “Frankie.” When law enforcement contacted “Frankie,” he said he had sold the gun for $200 and would have to contact the person to whom he sold it. Arrangements were made for “Frankie” to return the weapon, but he never showed up. The following day, “Frankie” left the firearm in a McDonald’s bag in a parking lot.
Further investigation revealed that Fee had purchased approximately 10 firearms on behalf of “Frankie,” who was later identified as Juan Francisco David. Fee was arrested and charged in state court with larceny of firearms.
A search of David’s home resulted in the seizure of a 9mm Smith & Wesson pistol, two firearm magazines, one loaded with eight rounds of 9mm ammunition, a Smith & Wesson .380 caliber pistol, loaded with five rounds of ammunition, and other rounds of ammunition of various makes and calibers. In total, 26 pieces of ammunition were seized.
David has multiple felony convictions, including assault with a dangerous weapon and malicious destruction of property, carrying a dangerous weapon, breaking and entering in the nighttime with intent to commit a felony, drug distribution and assault and battery with a dangerous weapon; as a result, he is prohibited from owning firearms and ammunition.
The charge of being a felon in possession of firearms and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Newton Police Chief David MacDonald made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New York Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
BOSTON – A New York man was sentenced today in federal court in Boston for failure to register as a sex offender.
Anthony Seward, 55, of Rochester, N.Y., was sentenced by U.S. District Court Judge Denise J. Casper to time served (approximately 16 months) and five years of supervised release. On May 21, 2018, Seward pleaded guilty to one count of failure to register as a sex offender.
On May 6, 1996, Seward was convicted in Suffolk Superior Court of assault with intent to commit rape. As a result of his conviction, Seward must register as a sex offender for his lifetime in any state in which he lives or works. Seward last registered as a sex offender in Massachusetts in 2015.
In December 2016, investigators learned that Seward had moved from Massachusetts to New York earlier in the year and was living in Rochester. Further investigation revealed that Seward had not registered as a sex offender in New York as required under the Sex Offender Registration and Notification Act.
United States Attorney Andrew E. Lelling and U.S. Marshal John Gibbons for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division prosecuted the case.
New York Doctor Sentenced to Four Years in Prison for Taking Bribes in Test-Referral Scheme with New Jersey Clinical LabRead the Press Release
NEWARK, N.J. – A doctor practicing in Staten Island, New York, was sentenced today to 48 months in prison for accepting bribes in exchange for test referrals as part of a long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates, U.S. Attorney Craig Carpenito announced.
Thomas V. Savino, 59, of Staten Island, was found guilty at trial in October 2017 on all 10 counts of an indictment charging him with one count of conspiring to commit violations of the Anti-Kickback Statute, the Federal Travel Act and wire fraud; three substantive violations of the Anti-Kickback Statute; three substantive violations of the Federal Travel Act; and three substantive violations of wire fraud.
Savino was convicted following a six-day trial before U.S. District Judge Stanley R. Chesler, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence at trial:From July 2012 through April 2013, Savino received cash bribes totaling at least $25,000 from BLS employees and associates in return for referring his patients’ blood specimens to BLS. Savino’s referrals generated approximately $375,000 in lab business for BLS.
The investigation has resulted in 53 convictions – 38 of them doctors – in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. It is believed to be the largest number of medical professionals ever prosecuted in a bribery case. The investigation has recovered more than $15 million through forfeiture. On June 28, 2016, BLS, which is no longer operational, pleaded guilty and was required to forfeit all of its assets.
In addition to the prison terms, Judge Chesler sentenced Savino to three years of supervised release, fined him $100,000 and ordered forfeiture of $27,500.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos; IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson in Newark; and the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s sentencing.
The government is represented by Senior Litigation Counsel Joseph N. Minish; Assistant U.S. Attorney Erica Liu, Chief of the Opioids Unit; Assistant U.S. Attorney Danielle Alfonzo Walsman, Co-Chief of the Public Protection Unit; Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit; and Senior Litigation Counsel Barbara Ward of the office’s Asset Recovery and Money Laundering Unit.
Defense counsel: Eric R. Breslin Esq., Newark, and Melissa S. Geller Esq., New York
New Mexico Man Sentenced for Civil Disorder During the Dakota Access Pipeline (DAPL) Project ProtestRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on May 30, 2018, Chief United States District Judge Daniel L. Hovland sentenced Michael Arthur Giron, a/k/a Little Feather, age 45, of New Mexico, on charges of Civil Disorder during the DAPL protest in October 2016. Judge Hovland sentenced Giron to serve 3 years in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $100 special assessment.
On October 27, 2016, law enforcement officials began an effort to remove individuals protesting the DAPL project at a location where protesters had erected an illegal roadblock on Highway 1806, south of Mandan, ND, and who were criminally trespassing on private property. Law enforcement gave advisements over a loudspeaker system asking people to voluntarily leave the roadway and to travel back to the protest camps. Some individuals at this location ignored the orders of law enforcement, and placed barricades on the roadway and set them on fire. Several clashes broke out between law enforcement and the protesters. One of the clashes occurred at a makeshift barricade built by the protesters that blocked Highway 1806. Michael Giron aided the civil disorder by adding materials to the barricade across Highway 1806 and was observed pouring what appeared to be Coleman camping fuel on a fire in the area of straw bales. This was done in an effort to obstruct and impede law enforcement’s movement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); North Dakota Highway Patrol; North Dakota Bureau of Criminal Investigations (BCI); North Dakota State and Local Intelligence Center (NDSLIC); and the Morton County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney David Hagler.
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New Mexico Man Indicted for Possessing Firearms in Shasta CountyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Derek Carl Toledo, 30, of Shiprock, New Mexico. The indictment charges him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on March 8, 2018, law enforcement officers responded to reports that there was at least one car stopped on the shoulder of Interstate 5 near the exit for Sweetbrier Avenue in Shasta County. One of the people near the stopped car was Toledo, who has a prior felony conviction for arson and is prohibited from possessing a firearm. After investigating the scene, officers found a DPMS A-15 .223-caliber rifle, all components for a Bushmaster BA50 .50-caliber rifle, and three loaded 30-round magazines in Toledo's car.
U.S. Attorney Scott stated, “The Department of Justice has made it a priority for federal prosecutors to work in partnership with local law enforcement to reduce violence in our communities. The prosecution of firearms offenses is one way that we can make our neighborhoods safer. The U.S. Attorney’s Office is committed to working with our partners throughout the Eastern District of California to accomplish this goal.”
Shasta County District Attorney Stephanie A. Bridgett stated: “My office is committed to working with the U.S. Attorney’s Office to identify local offenders suitable for federal prosecution in order to help reduce violent crime in our community. We share the U.S. Attorney’s goal to protect the citizens of Shasta County.”
This case is the product of investigation by the Federal Bureau of Investigation, the United States Forest Service, the California Highway Patrol, and the Shasta County District Attorney’s Office. Assistant U.S. Attorney Amanda Beck is prosecuting the case.
If convicted, Toledo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Multiple Individuals Indicted Federally in Major Drug Trafficking OperationRead the Press Release
Jackson, Miss. - Eleven individuals are facing federal drug charges in multiple indictments unsealed on Wednesday targeting a large, multi-state drug trafficking operation in East Central Mississippi, announced U.S. Attorney Mike Hurst, Special Agent in Charge Jere T. Miles of Homeland Security Investigations, Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration, and John M. Dowdy, Jr., Director of the Mississippi Bureau of Narcotics.
The indictments unsealed yesterday resulted from an extensive Organized Crime Drug Enforcement Task Force ("OCDETF") investigation dubbed "Operation Highlife," which targeted illegal narcotics distribution in East Central Mississippi. This drug network involved the distribution of over 40 kilograms of methamphetamine, over 3 kilograms of cocaine and over 100 pounds of marijuana. The distribution network encompassed multiple states, including Texas, California, Tennessee, Alabama, Georgia and Mississippi.
The following individuals have been indicted as a result of Operation Highlife:
Brandon Deshanta Miller, 32, of Dallas, Texas, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, and being a felon in possession of a firearm. If convicted, Miller faces a maximum penalty of life in prison and up to a $30.25 million fine.
Shandlette Hudson, 42, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Hudson faces a maximum penalty of life in prison and up to a $20 million fine.
Dijon James Seales, a/k/a "DJ," 28, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute five grams or more of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Seales faces a maximum penalty of life in prison and up to a $25.5 million fine.
Lorenzo Dyrell Hickman, 32, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, conspiracy to possess with intent to distribute five hundred grams or more of cocaine, and possession with intent to distribute more than five hundred grams or more of cocaine. If convicted, Hickman faces a maximum penalty of life in prison and up to a $20 million fine.
Latrice Cherrrell Boler, 29, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine. If convicted, Boler faces a maximum penalty of life in prison and up to a $10 million fine.
Chaddis Demond McAfee, 36, of Philadelphia, Mississippi, is charged with possession with intent to distribute more than five hundred grams of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, McAfee faces a maximum penalty of life in prison and up to a $10.5 million fine.
Courtny Orlando Campbell, 27, of Philadelphia, Mississippi, is charged with possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Campbell faces a maximum penalty of life in prison and up to a $10 million fine.
Danny L. Drake, 43, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Drake faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Kevin Ashley Wells, a/k/a "Big 50," 37, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Wells faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Jimmie Terrell Harrison, 43, of Forest, Mississippi, is charged with being a felon in possession of a firearm. If convicted, Harrison faces a maximum penalty of 10 years in prison and up to a $250,000.00 fine.
Tray Beamon, 32, of Louisville, Mississippi, charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Beamon faces a maximum penalty of life in prison and up to a $20 million fine.
"Illegal drugs are killing our youth, destroying families, and fueling violent crime across our state and our country. I commend our federal, state and local law enforcement officers for coming together to take down this criminal element plaguing our communities. Yesterday’s arrests are a result of the commitment and tenacity that our law enforcement brethren have to dismantling criminal organizations wherever they may be found. Because of this work, our streets, neighborhoods and citizens in East Central Mississippi are safer today," said U.S. Attorney Mike Hurst.
"Methamphetamine has devastated countless communities due to the dramatic health and public safety consequences that typically accompany its introduction into an area," said Special Agent in Charge Jere T. Miles of Homeland Security Investigations in New Orleans. "Today’s arrests mark the culmination of an extensive joint effort by HSI, the Mississippi Bureau of Narcotics, and the Drug Enforcement Administration to dismantle a drug trafficking organization that decimated parts of Mississippi and Alabama with methamphetamine smuggled into the U.S. from Mexico. This operation is a testament to the seamless partnership between federal, state and local law enforcement, which HSI sincerely appreciates in the combined effort to improve the lives of law-abiding residents throughout Mississippi and Alabama." Miles oversees a five-state area of operations to include Mississippi, Alabama, Arkansas, Louisiana and Tennessee.
"The arrests announced today are another great example of the cooperative efforts between MBN and our federal law enforcement partners to rid our communities of the parasites that try to latch on to our children and family members with the peddling of their poison," said MBN Director John Dowdy. "As a result of these arrests, Mississippi is a safer place to live, work and raise a family."
Philadelphia Police Chief Grant Myers stated: "I am really pleased with multiple agencies coming together to work an investigation of this size. This criminal organization is responsible for a significant portion of the illegal narcotics coming into not only Philadelphia but East Central Mississippi as well. Almost all of the crimes we deal with, from assaults to thefts, and everything in between, can be traced back to illegal narcotics. Taking down an organization of this size will have a significant impact on crime in our area."
The OCDETF operation is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, United States Attorney=s Office Southern District of Mississippi and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Arraignments are scheduled for tomorrow, June 1, 2018, before United States Magistrate Judge F. Keith Ball at 9:00 a.m. and before United States Magistrate Judge Linda R. Anderson at 9:30 a.m.
A criminal indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
Multiple Individuals Indicted Federally in Major Drug Trafficking OperationRead the Press Release
Jackson, Miss. - Eleven individuals are facing federal drug charges in multiple indictments unsealed on Wednesday targeting a large, multi-state drug trafficking operation in East Central Mississippi, announced U.S. Attorney Mike Hurst, Special Agent in Charge Jere T. Miles of Homeland Security Investigations, Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration, and John M. Dowdy, Jr., Director of the Mississippi Bureau of Narcotics.
The indictments unsealed yesterday resulted from an extensive Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation dubbed AOperation Highlife,@ which targeted illegal narcotics distribution in East Central Mississippi. This drug network involved the distribution of over 40 kilograms of methamphetamine, over 3 kilograms of cocaine and over 100 pounds of marijuana. The distribution network encompassed multiple states, including Texas, California, Tennessee, Alabama, Georgia and Mississippi.
The following individuals have been indicted as a result of Operation Highlife:
Brandon Deshanta Miller, 32, of Dallas, Texas, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, and being a felon in possession of a firearm. If convicted, Miller faces a maximum penalty of life in prison and up to a $30.25 million fine.
Shandlette Hudson, 42, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Hudson faces a maximum penalty of life in prison and up to a $20 million fine.
Dijon James Seales, a/k/a “DJ,” 28, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute five grams or more of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Seales faces a maximum penalty of life in prison and up to a $25.5 million fine.
Lorenzo Dyrell Hickman, 32, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, conspiracy to possess with intent to distribute five hundred grams or more of cocaine, and possession with intent to distribute more than five hundred grams or more of cocaine. If convicted, Hickman faces a maximum penalty of life in prison and up to a $20 million fine.
Latrice Cherrrell Boler, 29, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine. If convicted, Boler faces a maximum penalty of life in prison and up to a $10 million fine.
Chaddis Demond McAfee, 36, of Philadelphia, Mississippi, is charged with possession with intent to distribute more than five hundred grams of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, McAfee faces a maximum penalty of life in prison and up to a $10.5 million fine.
Courtny Orlando Campbell, 27, of Philadelphia, Mississippi, is charged with possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Campbell faces a maximum penalty of life in prison and up to a $10 million fine.
Danny L. Drake, 43, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Drake faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Kevin Ashley Wells, a/k/a “Big 50,” 37, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Wells faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Jimmie Terrell Harrison, 43, of Forest, Mississippi, is charged with being a felon in possession of a firearm. If convicted, Harrison faces a maximum penalty of 10 years in prison and up to a $250,000.00 fine.
Tray Beamon, 32, of Louisville, Mississippi, charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Beamon faces a maximum penalty of life in prison and up to a $20 million fine.
“Illegal drugs are killing our youth, destroying families, and fueling violent crime across our state and our country. I commend our federal, state and local law enforcement officers for coming together to take down this criminal element plaguing our communities. Yesterday’s arrests are a result of the commitment and tenacity that our law enforcement brethren have to dismantling criminal organizations wherever they may be found. Because of this work, our streets, neighborhoods and citizens in East Central Mississippi are safer today,” said U.S. Attorney Mike Hurst.
"Methamphetamine has devastated countless communities due to the dramatic health and public safety consequences that typically accompany its introduction into an area," said Special Agent in Charge Jere T. Miles of Homeland Security Investigations in New Orleans. "Today’s arrests mark the culmination of an extensive joint effort by HSI, the Mississippi Bureau of Narcotics, and the Drug Enforcement Administration to dismantle a drug trafficking organization that decimated parts of Mississippi and Alabama with methamphetamine smuggled into the U.S. from Mexico. This operation is a testament to the seamless partnership between federal, state and local law enforcement, which HSI sincerely appreciates in the combined effort to improve the lives of law-abiding residents throughout Mississippi and Alabama." Miles oversees a five-state area of operations to include Mississippi, Alabama, Arkansas, Louisiana and Tennessee.
"The arrests announced today are another great example of the cooperative efforts between MBN and our federal law enforcement partners to rid our communities of the parasites that try to latch on to our children and family members with the peddling of their poison," said MBN Director John Dowdy. "As a result of these arrests, Mississippi is a safer place to live, work and raise a family."
Philadelphia Police Chief Grant Myers stated: "I am really pleased with multiple agencies coming together to work an investigation of this size. This criminal organization is responsible for a significant portion of the illegal narcotics coming into not only Philadelphia but East Central Mississippi as well. Almost all of the crimes we deal with, from assaults to thefts, and everything in between, can be traced back to illegal narcotics. Taking down an organization of this size will have a significant impact on crime in our area."
The OCDETF operation is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, United States Attorney=s Office Southern District of Mississippi and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Arraignments are scheduled for tomorrow, June 1, 2018, before United States Magistrate Judge F. Keith Ball at 9:00 a.m. and before United States Magistrate Judge Linda R. Anderson at 9:30 a.m.
A criminal indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
Middle Tennessee Podiatrist Sentenced to Federal Prison for Health Care Fraud SchemeRead the Press Release
Dr. John J. Cauthon, 51, of Murfreesboro, Tennessee, was sentenced yesterday in U.S. District Court to two years in prison for healthcare fraud, announced Don Cochran, U.S. Attorney for the Middle District of Tennessee. Cauthon was indicted in October 2015 on seven counts of healthcare fraud and was found guilty on four counts, after a jury trial in September 2017.
In sentencing Cauthon, Chief U.S. District Judge Waverly D. Crenshaw, Jr., noted that Cauthon had accepted no responsibility for his actions and showed no remorse. Chief Judge Crenshaw found that Cauthon caused an intended loss of $218,000, and ordered restitution of approximately $83,252.63.
Cauthon is a podiatrist in Murfreesboro who contracted to provide podiatric services to residents of nursing homes located throughout Tennessee.
According to court documents, between May 2014 and August 2015, Cauthon engaged in a scheme to defraud Medicare, TennCare, and BlueCross BlueShield of Tennessee, by submitting $200,000 in fraudulent claims for a surgical procedure for nail avulsions, which he did not perform.
At trial, numerous witnesses from nursing homes across the state of Tennessee testified that Cauthon never performed the avulsion procedures that he claimed he performed; including in some instances, claiming that he had performed more than 30 avulsions in a single day. Nursing home residents also testified that Cauthon simply clipped their toenails. Former employees also testified that Cauthon directed them to bill Medicare for services that were medically unnecessary and directed them to fit bed-ridden patients in nursing homes with ankle braces, which served no medical purpose.
This case was investigated by the Tennessee Bureau of Investigation; the U.S. Department of Health and Human Services - Office of Inspector General; and the United States Attorney’s Office for the Middle District of Tennessee. Assistant U.S. Attorneys Henry Leventis and Ryan Raybould prosecuted the case.
Mexican Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Mexican man who illegally returned to the United States was sentenced today to eight months in federal prison.
Savino Ortiz-Camarillo, Jr., age 36, a citizen of Mexico illegally present in the United States and residing in Decorah, Iowa, received the prison term after a January 18, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Ortiz-Camarillo admitted he had previously been deported from the United States on June 4, 2008, and January 30, 2009, and that he illegally reentered the United States without the permission of the United States government. On November 28, 2017, Ortiz-Camarillo was found by immigration officers following an arrest in Fayette County on traffic violations.
Ortiz-Camarillo was previously convicted in Allamakee County, Iowa, of making a false report to police in December 2003; in Iowa County, Wisconsin, of hit and run involving injury in December 2007; in the United States District Court for the Northern District of Iowa of using of false employment documents in May 2008; and in the United States District Court for the Southern District of Texas of illegal entry into the United States in January 2009.
Ortiz-Camarillo was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Ortiz-Camarillo was sentenced to eight months’ imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Ortiz-Camarillo is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-CR-2090-LTS.
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Manchester Man Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
CONCORD - Daniel Sullivan, 35, of Manchester, pleaded guilty in federal court to illegally possessing firearms, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hampshire with the help of his partner, Sara Johnson. At the time of these transactions, Sullivan was a convicted felon who could not legally possess firearms. In several instances, Sullivan contacted private individuals who had posted firearms for sale online, then utilized Johnson – who was not a convicted felon – to assist in the purchase of the firearms. Once these firearms transactions came to the attention of law enforcement, federal agents obtained a search warrant for Sullivan and Johnson’s residence, which resulted in the seizure of a .40 caliber pistol with an obliterated serial number.
Sullivan is scheduled to be sentenced on September 12, 2018.
Johnson pleaded guilty to firearms charges on February 15, 2018. She is scheduled to be sentenced on June 27, 2018.
“Violent crime threatens the safety of our citizens and the fabric of our communities,” said U.S. Attorney Murray. “Protecting the residents of the Granite State from violence and gun-related crimes is one of the highest priorities of the U.S. Attorney’s Office. Through the Project Safe Neighborhoods Initiative, we work with our law enforcement partners each day to keep guns out of the hands of criminals and reduce the risk of violence.”
“Firearms trafficking continues to be a top priority for ATF and our law enforcement partners and we are committed to identifying and disrupting the sources of illegal firearms which jeopardize the safety of our communities,” said Special Agent in Charge Mickey Leadingham of Bureau of Alcohol, Tobacco, Firearms and Explosives.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Shane Kelbley.
The case is part of ATF’s Project Safe Neighborhoods initiative, a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Charged with Defrauding Fulton BankRead the Press Release
PHILADELPHIA – An indictment was unsealed May 29 charging Thomas Harris, 60, with one count of bank fraud, announced United States Attorney William M. McSwain.
The indictment alleges that from September to October of 2016, Harris defrauded Fulton Bank in Harrisburg, Pennsylvania, by opening a bank account, depositing fraudulent checks, and withdrawing funds from the account.
If convicted the defendant faces a maximum possible sentence of 30 years’ imprisonment.
The case was investigated by the Postal Inspection Service and is being prosecuted by Assistant United States Attorney Laurie Magid.
Man Charged with Interference with Flight Crew Members and AttendantsRead the Press Release
United States Attorney Trent Shores announced today that Bolutife Olusegun Olorunda, 29, a resident of Vancouver, Washington, was charged by complaint in the United States District Court with Interference With Flight Crew Members and Attendants.
“It is the mission of the United States Attorney’s Office to enforce the laws of the United States. This includes federal laws prohibiting interference with flight crew members and attendants. We will seek to hold accountable anyone who threatens the safety of flight staff and passengers. My office will continue to work with our law enforcement partners to promote security of air travel,” stated U.S. Attorney Shores.
The complaint alleges that on May 30, 2018, Mr. Olorunda boarded Delta Airlines flight 1156 in Portland, Oregon, bound for Atlanta, Georgia. During the flight, Mr. Olorunda’s alleged behavior was erratic and disruptive. He allegedly ignored direction from a flight attendant, and the Captain determined it was necessary to divert to the Tulsa International Airport. Two Federal Air Marshals aboard the aircraft followed protocol to address the situation. When the aircraft landed, the Tulsa International Airport Police removed and detained Mr. Olorunda.
Mr. Olorunda will be arraigned today at 3:30 p.m. by United States Magistrate Judge Paul J. Cleary.
The complaint is the result of an investigation by the Federal Bureau of Investigation, the Transportation Security Administration, Homeland Security Investigations, and Tulsa International Airport authorities. Assistant United States Attorney Robert T. Raley is prosecuting the case.
A complaint is a method of informing a defendant of an alleged federal crime, which must later be indicted by a grand jury, then proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Long-Time Gambino Crime Family Member Pleads Guilty to Racketeering ConspiracyRead the Press Release
Earlier today, in federal court in Central Islip, New York, John Ambrosio, also known as “Johnny Boy,” a member of the Gambino organized crime family of La Cosa Nostra, pleaded guilty to racketeering conspiracy, admitting his involvement in acts of loansharking and illegal gambling.
Ambrosio, an acting captain in the Gambino family, is the last defendant to plead guilty in a superseding indictment that charged him and six members and associates of the Gambino family and a member of the Bonanno organized crime family of La Cosa Nostra. Co-conspirators Frank Salerno, also known as “Frankie Boy,” a soldier in the Bonanno family, as well as Thomas Anzalone, Alessandro Damelio, also known as “Sandro,” Joseph Durso, Anthony Rodolico and Anthony Saladino, associates of the Gambino family, have previously entered pleas of guilty to racketeering conspiracy. Today’s proceeding was held before United States Magistrate Judge Gary R. Brown.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Division; Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, New York; Geraldine Hart, Commissioner, Suffolk County Police Department; and James P. O’Neill, Commissioner, New York City Police Department, announced the guilty pleas.
As detailed in the superseding indictment and other court filings, between January 2014 and December 2017, Ambrosio and his co-conspirators engaged in a racketeering conspiracy, which included predicate crimes of loansharking, operating illegal gambling businesses, narcotics distribution conspiracy and obstruction of justice conspiracy. At his guilty plea, Ambrosio admitted to participating in the affairs of the Gambino family by collecting an extortionate loan from one victim, and supervising a gambling business involving poker games, electronic gaming machines and sports betting. As part of his plea agreement with the government, Ambrosio will forfeit $100,000, including $66,116 in cash that was seized from his home in Huntington, New York, at the time of his arrest.
When Ambrosio and his co-conspirators were arrested on December 12, 2017, law enforcement agents executed numerous search warrants at various locations, including a storage facility in Nassau County, and recovered gambling and loan sharking records, electronic gaming machines, narcotics and narcotics paraphernalia, and numerous firearms, including an AR-15, a .38 caliber revolver and a sawed-off shotgun. Law enforcement agents also recovered letters addressed to Ambrosio from Bonanno family boss Michael “The Nose” Mancuso and former Gambino family boss John Gotti.
When sentenced, Ambrosio, Anzalone, Damelio, Durso and Rodolico each face a maximum sentence of 20 years’ imprisonment. Saladino and Salerno each face a mandatory minimum of five years’ imprisonment and up to 40 years’ imprisonment for cocaine distribution conspiracy offenses.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Artie McConnell is in charge of the prosecution.
Defendant Who Pleaded Guilty Today:
JOHN AMBROSIO (also known as “Johnny Boy”)
Age: 74
Huntington, New YorkDefendants Who Have Previously Pleaded Guilty: THOMAS ANZALONE
Age: 44
Queens, New YorkALESSANDRO DAMELIO (also known as “Sandro”)
Age: 49
Queens, New YorkJOSEPH DURSO
Age: 26
Glen Cove, New YorkANTHONY RODOLICO
Age: 46
Huntington, New YorkANTHONY SALADINO
Age: 67
Glen Cove, New YorkFRANK SALERNO (also known as “Frankie Boy”)
Age: 43
Queens, New YorkE.D.N.Y. Docket No. 17-CR-522 (S-1)(SJF)
Lexington Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Brandon Shane Kolesar, age 39, of Lexington, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on the evening of March 29, 2018, deputies with the Lexington County Sheriff’s Department responded to a call about someone breaking into cars. Upon arriving at the scene, witnesses said they observed a man, later identified as Kolesar, attempting to get into a vehicle. When confronted by the men, Kolesar threatened them with a handgun. Deputies searched the area and found Kolesar on a porch of a residence. As deputies approached, Kolesar ran and a .380 caliber handgun fell from his waistband. Deputies recovered the firearm and later apprehended Kolesar through the use of a K-9. A search incident to arrest also revealed approximately 25 grams of marijuana on Kolesar’s person. Kolesar was arrested on state charges and thereafter, a federal arrest warrant and complaint was issued.
Kolesar is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions. Kolesar has prior state convictions for burglary 2nd degree and ill treatment of animals, where he shot and killed a homeowner’s dog during a burglary (2006), pointing and presenting a firearm (2014), and assault and battery 2nd degree (2014). At the time of the current offense, Kolesar was on state probation, stemming from a September 2017 state conviction for unlawful carrying of a firearm.
Kolesar faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Latham Man Sentenced for Possessing a Short-Barreled RifleRead the Press Release
ALBANY, NEW YORK – Joseph T. Clemente, Jr., age 34, of Latham, New York, was sentenced today to time served (6 days in jail) and 3 years of supervised release for illegally possessing a short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
As part of his January 31, 2018 guilty plea, Clemente admitted that he intentionally removed the upper receiver of a rifle that he had purchased at a gun store, and replaced it with an upper receiver he purchased on the Internet, which he knew included a 9-inch barrel. The resulting firearm he illegally possessed was a rifle with a barrel of less than 16 inches, also known as a short-barreled rifle.
This case was investigated by ATF and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Last of Nine Defendants in Conspiracy Trafficking Fentanyl, Heroin, Cocaine Sentenced to 16 Years in PrisonRead the Press Release
BIRMINGHAM – A federal judge on Wednesday imposed a 16-year prison sentence on the last of nine defendants in a Birmingham-based conspiracy to distribute multiple kilograms of fentanyl, heroin and cocaine in Jefferson County in 2015 and 2016, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
U.S. District Judge L. Scott Coogler sentenced JOSE AGUSTIN GUTIERREZ, 32, of Phoenix, Ariz., on the conspiracy count, one count of possession with intent to distribute five kilograms or more of cocaine, and one count of using a telephone to commit a drug-trafficking crime. Gutierrez pled guilty to the charges last year.
Throughout the investigation, agents seized 8.8 kilograms of cocaine that Gutierrez intended to deliver from Arizona, and 4.662 kilograms of pure fentanyl delivered from Mexico.
“This defendant organized and delivered major quantities of heroin, methamphetamine and cocaine into the Northern District of Alabama from Arizona, and now he will spend the next 16 years behind bars,” Town said. “Thanks to the work of the DEA and other law enforcement partners, this is one drug conspiracy we have shut down, closing that pipeline of deadly drugs into Alabama and sending nine drug traffickers to prison.”
“With this sentencing, DEA and its federal, state and local law enforcement partners have taken down an organization responsible for distributing large quantities of fentanyl, heroin and cocaine in the state of Alabama,” Hamilton said. “By removing this criminal from the street, he can no longer threaten the health and safety of our communities. We will continue to work together to target criminal organizations to ensure that drug traffickers are held responsible for the harm they cause."
In April, Judge Coogler sentenced the leader of the conspiracy, ANTHONY LEVY WARD, 37, of Chelsea, to 20 years and 10 months in prison. Ward had pled guilty to multiple counts of conspiracy to distribute or possess with intent to distribute at least a thousand grams of heroin or at least five kilograms of cocaine and two counts of attempted possession with intent to distribute fentanyl. He also pled guilty and was sentenced on multiple counts of using a telephone to commit a drug trafficking crime, one count of carrying a firearm in furtherance of drug trafficking, and being a convicted felon in possession of a firearm.
The amount of fentanyl trafficked in the conspiracy was about 7.1 kilograms, or more than 350,000 doses of the drug.
Besides Ward and Gutierrez, other defendants convicted in the conspiracy are: Anthony Levy Alexander, 58, and Betty Levy Alexander, 51, Ward’s father and aunt, Ferlando Carmise Mims, 20, Onandas Carmece Beard, 20, and Corey Darnelle Haynes, 38, all of Birmingham, and Jesus Ubaldo Montoya, 24, and Marahai Ardizo Enriquez, 26, both of Phoenix. The sentences for those defendants range from about two to 15 years.
The DEA investigated the case in conjunction with the Birmingham and Hoover police departments and the U.S. Marshals Service. The U.S. Attorney’s Office for the Northern District of Alabama prosecuted the case.
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Kosciusko Man Sentenced to 10 Months in Prison for Possessing Stolen GunRead the Press Release
Jackson, Miss. – Jermaine Griffin, 31, of Kosciusko, was sentenced today by Senior United States District Judge Tom S. Lee to 10 months in federal prison, followed by 3 years of supervised release, for illegally possessing a stolen gun, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Griffin bought a .40 caliber Smith & Wesson pistol off the street—even though he suspected the gun was stolen—because the gun was new and only cost $100. Griffin later learned that the man who sold him the gun had recently burglarized Central Mississippi Firearms, a gun store in Kosciusko, Mississippi. Griffin then sold the stolen pistol in Durant, Mississippi.
On October 3, 2017, a federal grand jury indicted Griffin. The grand jury also indicted the men who burglarized the gun store and who helped sell the stolen guns in Durant, Pickens, and Lexington. Those men are Estelle Cook, Jr., Corey Hughes, Darnell Branch, and Frederick Russell. All of the defendants have pled guilty.
At Griffin’s sentencing hearing today, Judge Lee imposed a 10-month sentence. Estelle Cook, Jr. was sentenced to 10 years in prison yesterday. The other defendants will be sentenced in June.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jackson Police Department. It was prosecuted by the United States Attorney’s Office in Jackson, Mississippi.
Judge Sentences Pittsburgh Man to 5 Years in Prison for Supplying the Heroin that Resulted in Man’s Death in Oakland Hotel RoomRead the Press Release
PITTSBURGH, Pa. – Edward Skrine was sentenced to 60 months in prison for conspiring to distribute heroin in January 2015, United States Attorney Scott W. Brady announced today.
Skrine, age 61 of Pittsburgh, was sentenced by United States District Judge Mark R. Hornak. Judge Hornak also ordered Skrine to serve three years of supervised release following his release from prison. As part of Skrine’s conviction and sentence, he accepted responsibility for causing the overdose death of a customer in January 2015 and agreed to pay restitution to the customer’s family for expenses related to the death.
The information presented to the Court in support of the conviction and sentence revealed that, during the evening of January 25, 2015, P.W., age 47, suffered a fatal drug overdose in a hotel room in the Oakland section of Pittsburgh. He died from heroin he and his friend purchased earlier that day. Detectives with the Pittsburgh Bureau of Police, in conjunction with members of the Drug Enforcement Administration, promptly investigated who was responsible for supplying the heroin that killed P.W. The investigation led to an undercover purchase of heroin from Anthony McCullough two days later. McCullough and Skrine, who was McCullough’s direct supplier, were arrested at that time and were subsequently indicted and convicted in federal court in Pittsburgh.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Pittsburgh Bureau of Police, the Drug Enforcement Administration, the Allegheny County Sheriff’s Office, and the Allegheny County Medical Examiner’s Office conducted the investigation leading to the conviction and sentence in this case.
Japanese Auto Parts Company Pleads Guilty to Antitrust Conspiracy Involving Steel TubesRead the Press Release
WASHINGTON – Maruyasu Industries Co. Ltd., an automotive parts manufacturer headquartered in the Aichi Prefecture in Japan, pleaded guilty and was sentenced to pay a $12 million criminal fine for its role in a criminal conspiracy to fix prices, rig bids, and allocate customers for automotive steel tubes incorporated into vehicles sold in the United States and elsewhere, the Department of Justice announced today.
Automotive steel tubes are used in fuel distribution, braking and other automotive systems and are sometimes divided into two categories – chassis tubes and engine parts. Chassis tubes, such as brake and fuel tubes, tend to be located in the body of a vehicle while engine parts, such as fuel injection rails, oil level tubes and oil strainer tubes, are associated with the function of a vehicle’s engine.
Maruyasu pleaded guilty to a charge contained in an Indictment returned by a grand jury on June 15, 2016, in the U.S. District Court for the Southern District of Ohio. According to the plea agreement, Maruyasu participated in a conspiracy to suppress and eliminate competition by agreeing to fix prices, allocate customers, and rig bids for automotive steel tubes sold to automobile manufacturers in Japan and incorporated into vehicles sold in the United States, in violation of the Sherman Act.
The Indictment also charged Maruyasu’s wholly-owned U.S. subsidiary, Curtis-Maruyasu America Inc., and sales executives Tadao Hirade, Kazunori Kobayashi, Satoru Murai, and Yoshihiro Shigematsu. Concurrent with the Court’s imposition of the sentence against Maruyasu, the United States moved to dismiss the Indictment as to Curtis-Maruyasu America Inc., Hirade, Kobayashi, and Shigematsu. The sales executives will be required to cooperate with the government in any future prosecutions related to the charged conspiracy.
“The Antitrust Division’s prosecution of widespread collusion in the auto parts industry has yielded more than $2.9 billion in fines and convictions of 46 corporations and 32 executives,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The Division and its law enforcement partners will continue to protect American consumers and the free markets by aggressively prosecuting antitrust crimes.”
“Bid rigging, price fixing and other schemes hurt consumers and undermine our economic system,” said Special Agent in Charge Amy S. Hess of the FBI’s Louisville Field Office. “We will continue our work with the Department of Justice Antitrust Division to uncover schemes aimed at creating an unfair competitive advantage.”
“This plea represents another victory for U.S. consumers and we greatly appreciate the opportunity to partner with the FBI and Department of Justice Antitrust Division in this endeavor,” said Special Agent in Charge Duane Townsend of the Department of Commerce Office of Inspector General.
Today’s plea is the result of an investigation conducted by the Antitrust Division’s Chicago Office, the Department of Commerce Office of Inspector General’s Denver Field Office, and the FBI’s Louisville Field Office, Covington Resident Agency, with assistance from the FBI headquarters’ International Corruption Unit and the U.S. Attorney’s Office for the Southern District of Ohio.
Anyone with information on market allocation, price fixing, bid rigging, and other anticompetitive conduct should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Louisville Field Office at 502-263-6000.
Jacksonville Woman Sentenced to Seven Years in Prison After Smuggling Mexican Woman to United States and Treating Her as A Domestic Slave and Uncompensated Pregnancy SurrogateRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Esthela Clark (49, Jacksonville) to seven years in federal prison for forced labor. She faces deportation to Mexico upon completion of her sentence. The United States previously forfeited Clark’s 2003 Chevrolet Avalanche, which was used to facilitate the offense. Clark pleaded guilty on March 27, 2017.
According to evidence presented at the sentencing hearing, in late 2012, Clark traveled to Mexico, where she met her victim. She told the woman that she was searching for someone to serve as a pregnancy surrogate, and that the process would be medically supervised. The victim, a citizen of Mexico, agreed to serve as a surrogate for Clark in exchange for a payment of several thousand dollars once a baby was delivered.
Clark arranged for so-called “coyotes” to smuggle the victim across the border from Mexico into the United States; the victim ultimately arrived in Jacksonville in December 2012. Almost immediately, Clark began attempting to inseminate the victim using syringes containing her boyfriend’s sperm that she had retrieved from used condoms. This procedure was undertaken three to four times a day, on Clark’s dining room floor, when Clark believed her victim was fertile.
When, after several months, the victim did not become pregnant, Clark began forcing her to have unprotected sex with strangers. She also forced her victim to engage in domestic labor through physical and psychological abuse. On one occasion, after Clark believed that the victim had used too much bleach while cleaning, Clark forced the victim to sleep in a puddle of bleach on the floor.
She also isolated the victim from her family and limited her to a diet consisting exclusively of beans, resulting in a 65-pound weight loss.
“The victim in this case was rescued from unthinkable circumstances,” said HSI Tampa Special Agent in Charge James C. Spero. “Now, the perpetrator will be held accountable, thanks to a concerned citizen, HSI special agents, the Jacksonville Sheriff’s Office and U.S. Border Patrol.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from the Jacksonville Sheriff’s Office and U.S. Border Patrol. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.